Disability CompensationGeneral Provisions
Section § 2601
This law aims to provide partial financial compensation to individuals who can't work due to their own illness or injury, caring for a sick or injured family member, or welcoming a new child through birth, adoption, or foster care. It seeks to lessen the hardship caused by such unemployment circumstances and should be interpreted in a way that supports these goals.
Section § 2602
This section outlines which rules apply when there is a conflict between general unemployment rules and specific rules about disability benefits. The rules in this part take precedence for disability benefits, while general rules take precedence for unemployment benefits. Also, certain chapters and sections of the law do not apply to this part, meaning that disability benefits have their own set of rules.
Section § 2603
Disability benefits that are paid under this specific law are not counted against the financial account that an employer has, as set up by a particular part of the unemployment insurance code.
Section § 2604
This law states that if the Director of Employment Development thinks there might be financial trouble with the Disability Fund, they must inform the Governor and Legislature. They can suggest changes like adjusting benefit amounts or introducing a longer waiting period for benefits.
In an emergency, the Governor can authorize the Director to modify benefits or eligibility rules to keep the fund stable until the emergency is over or the Legislature takes further action.
Section § 2605
This law says that if the federal government, specifically the Secretary of Labor or another high-level authority, decides that any part of this law doesn't match up with certain federal unemployment rules, then that part of the law has to stop being used right away.
Section § 2606
This section defines what "employment" means for a particular part of the law dealing with unemployment insurance in California. Generally, it refers to services done for public or governmental entities, but with specific inclusions and exceptions. It includes work at hospitals run by the government, public housing agencies, some state employees, and work covered by special agreements.
Additionally, it covers services performed for non-profit organizations connected with health facilities, provided those organizations don't benefit private individuals or engage in political activities. Exceptions are made for religious roles like priests and ministers. The section has been effective since July 1, 1978.
Section § 2606.4
This law says that, even if another law (Section 632) might say otherwise, working as a clerk-carrier for the United States Postal Service is considered 'employment' for this part of the law. This is only true if Congress allows this law to apply to the postal service and permits states to require the postal service to withhold part of a worker's pay for disability benefits related to unemployment.
Section § 2606.5
This law defines 'employment' to include domestic service performed in private homes, colleges, or fraternities/sororities when $750 or more in cash wages are paid in a calendar quarter. It also covers in-home supportive services where $750 or more is paid, specifying three categories of employing units: recipients who choose their provider, individuals/entities contracted by counties, and counties directly hiring support staff.
Section § 2608
This law defines a "disability benefit period" as the time someone is continuously unemployed and disabled, starting from when they file a valid claim for disability benefits. If two periods of disability happen due to the same condition and are separated by no more than 60 days, they count as one continuous period for benefits. This rule has been in effect since July 1, 2016.
Section § 2609
The term "valid claim" refers to a claim for unemployment compensation disability benefits. To qualify as a valid claim, the person must be unemployed, disabled, and have earned wages from employers that meet certain criteria under the law. These conditions must align with the rules set forth in the code and its regulations.
Section § 2610
This law section defines how to determine the 'disability base period' for individuals applying for disability benefits who do not have an active unemployment benefit year. It specifies that the base period is the set of four calendar quarters ending just before the start of the individual's disability claim. For example, if a claim starts in October, the base period is the four quarters ending in June of that year. Similarly, the base periods for claims starting in other months are determined by ending in September, December, or March, respectively.
Section § 2611
This section explains how to determine the disability base period for people who are eligible for unemployment benefits. If someone has enough earnings during their disability base period, it remains the same as defined in Section 2610. If not, it will be the same as the base period for unemployment compensation benefits.
Section § 2612
This law deals with determining disability benefits for someone who can't make a valid claim because they were unemployed during the normal disability base period. If, during any quarter, the person didn't work for more than 60 days while actively looking for work, that quarter can be replaced with an earlier one. This replacement helps in establishing eligibility for benefits. However, benefits will end if the new quarters don't have enough wages to qualify for a claim.
Section § 2613
This law requires the Director of Employment Development to create and sustain an educational program about disability insurance rights and benefits. Employers must inform all new employees about their disability insurance rights, including for sickness, injury, or pregnancy. Starting January 1, 2004, this notice also includes rights and benefits regarding providing care for sick or injured family members, and bonding with a new child within the first year of birth or placement. Employers must inform all new employees upon hiring and those leaving work due to related personal or family reasons.
Section § 2614
Every year by June 30, the director must report to certain California legislative committees about the department's efforts to prevent and detect fraud. Part of this involves evaluating how effective their system is at catching fraudulent claims using data on incarcerated people. This evaluation should look at how often these checks are done, how well they work, and if they unfairly impact people who are eligible for benefits. The findings are included in the yearly fraud report, but specific fraud prevention details may be kept confidential for security reasons.
Section § 2615
This law requires the department responsible for disability benefits and family temporary disability insurance to start collecting detailed demographic data, including race, ethnicity, sexual orientation, and gender identity, by July 1, 2026. The data collection uses standardized federal categories, including specific subgroups for Hispanic, Latino, Asian, and Pacific Islander identities, allowing for self-identification. There's also a need to adhere to standards for sexual orientation and gender identity as per another law. The department must update its data collection methods if federal standards change and will provide an online dashboard to show data on program participation, updated quarterly, to compare with population benchmarks.